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(영문) 대전지방법원 2015.09.25 2015나2537

사원권확인

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

Basic Facts

The Plaintiff and Defendant B are siblings, and Defendant C is the wife of Defendant B, and Defendant D is the birth of the Plaintiff’s external relative relationship.

Around January 17, 1991, the Plaintiff entered into a land sales contract with Nonparty F and G to purchase a total number of 3,000 units of equity (10,000 won per share of investment) from Nonparty E (hereinafter “Nonindicted Company”) for KRW 80,00,000 under the Plaintiff’s name. On the same day, from G, the Plaintiff paid the purchase price of KRW 532,00 (512 square meters in size due to the division and the land category was changed to the site; hereinafter “instant factory site”) to KRW 65,00,000 in total, around February 20, 1991.

[Then, on April 15, 1991, the total number of equity shares of the non-party company was changed to 5,000 equity shares (the total amount of 50,000,000 equity shares). The articles of incorporation of the non-party company on February 28, 1994 stated that the defendant B shall have invested 3,50 equity shares and 1,500 equity shares, and the defendant B transferred 3,50 equity shares in the name of the defendant B to the name of the defendant C around 200.

Around May 15, 2003, Defendant C transferred 2,550 of the number of units of units owned by Defendant C in the name of Defendant C to Defendant D by means of a transfer contract and certified as a deed signed by a private person, but did not enter this in the register of members.

Defendant B was appointed as a director of the non-party company on February 20, 1991, but retired from office with I, F, which was a director on February 20, 1992. On June 17, 1993, Defendant C was appointed as a director, Defendant C, and Defendant B as a director and a representative director, and Defendant B resigned from the representative director on December 23, 1994, and Defendant C was appointed as the representative director on the same day.

Before and after the conclusion of the share transfer contract with respect to the non-party company, the plaintiff operated a number of liquor companies, such as directors, limited companies, P, Q, limited liability companies, S unlimited partnerships, partnership T, U limited liability companies, and limited liability companies.